KALPESH Vs. LRS OF LATE MANOHARLAL

JUDGEMENT

(1.) The present second appeal has been filed by the appellant defendant Kalpesh s/o Tulsi Ram against the judgment and decree dated 24.11.2006 of the learned Additional District Judge, Banswara in Appeal No.17/2005 Kalpesh vs. LRs of deceased Manoharlal affirming the judgment and decree dated 30.04.2004 of the learned Civil Judge (Sr. Division), Banswara in Civil Suit No.9/2003 Manohar Singh & anr. vs. Kalpesh decreeing the suit for permanent injunction.

(2.) The two courts below have decreed the suit for permanent injunction in favour of the respondents plaintiffs injuncting the appellant defendant Kalpesh s/o Tulsi Ram Brahmin not to raise any construction of latrine in common passage of 6 ft. width and open chowk between the four neighbours, who filed the present suit for injunction.

(3.) Having heard learned counsel for the appellantdefendant and upon perusal of impugned judgments and concurrent decrees of the courts below, this Court finds no substantial questions of law to be arising in the present second appeal requiring interference by this Court under Section 100 CPC and the courts below have correctly appreciated the evidence on record and there is no perversity in such findings.